Scottish Court of Session Decisions

Subject_1 ADJUDICATION.

Earl ofAberdeen
v.
Creditors of Scott of Blair

Date: 23 July 1741
Case No. No. 31.

Mode of application of payments obtained by an adjudger.

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An adjudger, some years after his adjudication, recovering a partial payment on a furthcoming, and some more years thereafter recovering another partial payment, in a ranking of his debtor's estate, (at least of one of them,) the Lords allowed him to apply the payment recovered on the furthcoming to the payment of the annualrents growing due on his bond after his adjudication to preserve it entire; whereas, had it been applied to the annualrents first due on his bond, it would have extinguished so much of his accumulate sum. 2dly, They imputed the payment recovered in the ranking first to the annualrents of his accumulate sum, and next to the accumulate sum itself pro tanto; and as there had been so many diligences already deduced, and a large balance yet resting, for which he was pursuing another furthcoming, they would not restrict the penalty.